Procedure.-Summons, or warrant upon information on oath (11 & 12 Vict. c. 43, ss. 1, 2), within 6 calendar months (6 Will. 4, c. 11, s. 10); two justices (Id.) Penalty.-£20 (Id. s. 8). Recovery.-In default, imprisonment not exceeding 1 calendar month, unless sooner paid (Id. s. 10). 4. Officer of Customs neglecting to make Entry or grant Any officer of customs refusing or neglecting to make entry (of alien's declaration) (k); or to grant a certificate thereon (k); or knowingly making a false entry; or neglecting to transmit the copy thereof (k); or to transmit the declaration of the master of the vessel (k); or a declaration of departure (1) (6 Will. 4, c. 11, s. 8; 1 B. J. P. 141). Procedure.-Summons, or warrant upon information on oath (11 & 12 Vict. c. 43, ss. 1, 2), within 6 calendar months (6 Will. 4, c. 11, s. 10); two justices (Id.) Penalty.-£20 (Id. s. 8). Recovery.-In default, imprisonment not exceeding 1 calendar month, unless sooner paid (Id. s. 10). 5. Making False Declarations, Certificates, &c. Any person wilfully making, or transmitting any false declaration, or wilfully forging, counterfeiting or altering, or causing to be forged, &c., or uttering, knowing the same to be forged, &c., any declaration or certificate, or obtaining any certificate under any other name or description than the true name and description of the alien intended to be named and described, without disclosing to the person granting such certificate the true name and description of such alien; or falsely pretending to be the person intended to be named and described in any certificate (6 Will. 4, c. 11, s. 9; 1 B. J. P. 141). Procedure.-Summons, or warrant upon information on oath (11 & 12 Vict. c. 43, ss. 1, 2), within 6 calendar months (6 Will. 4, c. 11, s. 10); two justices (Id. s. 9). Penalty.-£100 (Id.), or imprisonment not exceeding 3 calendar months (Id.) Recovery (if pecuniary penalty).-Distress (11 & 12 Vict. c. 43, s. 19 (m)). Animals (see Cruelty). (k) See note (i), p. 26. (1) By s. 6, any alien about to depart this realm is required, before his embarkation, to deliver the certificate he has received to the chief officer of customs at the port of departure, who is to insert therein that the alien has departed, and forthwith to transmit the same to the secretary of state. (m) See note (ƒ), p. 2. Apothecaries. (And see tits. "Arsenic," "Medicines.") 1. Refusing to compound, or unfaithfully compounding, Medicines prescribed. Any person, using or exercising the art and mystery of an apothecary, knowingly, wilfully and contumaciously refusing to make, mix, compound, prepare, give, apply or administer, or any way to sell, set on sale, put forth or put to sale, to any person whatever, any medicines, compound medicines, or medicinable compositions; or deliberately or negligently, falsely, unfaithfully, fraudulently, or unduly making, &c., or any way selling, &c. any medicines, &c. as directed by any prescription, order or receipt signed with the initials in his own handwriting of any physician lawfully licensed to practise physic (55 Geo. 3, c. 194, s. 5 ; 5 B. J. P. 537). Procedure.-Summons (upon complaint by such physician) (Id.), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within twenty-one days; two justices (h) (55 Geo. 3, c. 194, s. 5). Penalty.-1st Offence. £5. 2nd Offence. £10. 3rd Offence. Forfeiture of certificate (Id). Recovery. - Distress (11 & 12 Vict. c. 43, s. 19 (i). (h) "Before any of his majesty's justices." (i) S. 26 of the 55 Geo. 3, c. 194, enacts that all penalties and forfeitures imposed thereby (the manner of levying and recovering which is not otherwise particularly directed) shall, if such penalties, &c. shall exceed the sum of £5, be recovered by action; "and if such penalty, &c. shall amount to less than the sum of £5, then the same shall be levied and recovered by distress, &c., by warrant under the hand and seal of any justice of the peace" of the county, &c. &c.; in case the distress is not sufficient the offender may be imprisoned for not exceeding one calendar month, unless the penalty is sooner paid. The manner of levying the forfeitures of £5 and £10 respectively, imposed by sect. 5 (supra), is not directed by the act; the words of that section being "such person so offending shall, upon complaint, &c., and upon conviction of such offence before any of his majesty's justices of the peace, &c., forfeit, &c. ;" but it does not go on to say how the forfeiture is to be recovered. By a singular omission in the 26th section, there is no provision to meet the case of a penalty of exactly £5, which is the amount imposed by sect. 5 for a first offence, and which there is no power given to mitigate; for the provisions of sect. 26 apply only to amounts that exceed or are less than that sum. It would seem, therefore, that, under that act, the forfeiture of £5 would have been recoverable by action; as the forfeiture of £10 would have been; unusual as it would seem that a forfeiture, the result of a conviction by a magistrate, should have to be enforced by a civil proceeding. But as these sums are adjudged to be paid by a conviction, and the statute does not state any "mode of raising or levying the penalty or of enforcing the payment of the same," the case appears to fall within the provisions of 11 & 12 Vict. c. 43, s. 19; so that the penalty may be enforced by distress; though, in default thereof, there does not seem (for the reasons stated, ante, p. 2, n. (ƒ)) to be any further means of enforcing the payment by imprisonment. By sect. 20 of 55 Geo. 3, c. 194, any person (excepting persons who have actually served an apprenticeship) acting as an assistant to any apothecary, without having obtained a certificate (s. 17), "shall for every such offence forfeit and pay the sum of £5." As this section gives no authority to the justices to convict or to adjudge the penalty, the provisions of the 11 & 12 Vict. c. 43, s. 19, would not appear to apply; and as the sum forfeited does not "amount to less than the sum of £5," it cannot, as before shown, be recovered by distress under sect. 26 of the Apothecaries' Act, but can only be so by action. Apprentices (p). I. OFFENCES BY MASTERS. (a) Where no premium (5 Vict. c. 7), or not more than £25 (4 Geo. 4, c. 29, s. 1), has been paid (including Parish Apprentices). 1. Misusage, &c. Misusage, refusal of necessary provision (q), cruelty or other ill-treatment of or towards apprentice (20 Geo. 2, c. 19, s. 3; 1 B. J. P. 207). Procedure.-Summons, upon complaint on oath by or on behalf of apprentice (33 Geo. 3, c. 55, s. 1); or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2); within 6 calendar months (Id. s. 11); two justices (33 Geo. 3, c. 55, s. 1). Penalty. Not exceeding 40s. (r) (Id.) Recovery-Distress, in default imprisonment not exceeding 10 days (Id.) (b) Parish Apprentices only. 1. Removing with Apprentice from Parish where bound, without Örder. Removing out of the same county, or forty miles from the parish where the apprentice was bound, and taking apprentice without order (by two justices for continuance of apprentice with master (t)); or wilfully abandoning (p) As to the general jurisdiction of justices in disputes between masters and apprentices, see 1 B. J. P. 202. The proceedings under the 5 Eliz. c. 4 (Id.), are so seldom resorted to, that it has not been thought expedient to refer to them here. (q) Where a master has covenanted to find victuals for an apprentice, he is bound to provide him with proper medicines in case of his illness. Q. v. Smith, 8 C. & P. 153. (r) The fine may be "paid or applied to or for the use and benefit of such apprentice, for or towards a recompense or compensation for the injury which may have been by him sustained by reason of such ill-usage" (33 Geo. 3, c. 55, s. 1). Or the justices may discharge the apprentice by certificate under their hands and seals (20 Geo. 2, c. 19, s, 8), and may make an order upon the master to refund all or any part of the premium; which, if not refunded, may be levied by distress, and in default thereof the master may be imprisoned for not exceeding two months, unless such premium is sooner paid (4 Geo. 4, c. 29, s. 2). In the case of parish apprentices (as to whom generally, see 1 B. J. P. 212), if the apprentice is discharged for the misconduct of his master, the justices may order the master to deliver up to the apprentice his clothes and wearing apparel, and also to pay to the churchwardens and overseers of the parish to which the apprentice belongs, not exceeding £10, to be applied to the again binding out of the apprentice, or otherwise for his benefit; and also to pay not exceeding £5 if the master refuse to deliver up such clothes, &c. Both these sums may be levied by distress (32 Geo. 3, c. 57, s. 11); in default, imprisonment for not exceeding three calendar months, unless sooner paid (11 & 12 Vict. c. 43, s. 22). (s) Where the apprentice is discharged under the 20 Geo. 2, a distress is not to issue on notice of appeal being given (32 Geo. 3, c. 57, s. 12). (t) If the master removes (as mentioned above), he must, at least fourteen days previous to such removal, give a written notice thereof to the churchwardens or overseers of the place where the apprentice may then reside; and they and the master are to bring the apprentice before two justices, who shall inquire whether and leaving apprentice without giving notice (to the churchwardens or overseers (u)) (56 Geo. 3, c. 139, s. 8; 1 B. J. P. 236). Procedure.-Summons, upon complaint on oath by or on behalf of apprentice (33 Geo. 3, c. 55, s. 1), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within three calendar months (56 Geo. 3, c. 139, s. 8); two justices (Id. s. 12). Penalty.-£10 (Id. s. 8). Recovery.-Distress: in default imprisonment not less than 1 nor more than 6 months (Id. s. 14); (or, if not paid within 1 calendar month, offender may be imprisoned, notwithstanding he may have goods and chattels (Id. s. 16)). Appeal (Id. s. 17). 2. Discharging Parish Apprentice without Consent of Justices. Putting away or transferring a parish apprentice to another, or in any way discharging or dismissing parish apprentice without consent of justices (x) (56 Geo. 3, c. 139, s. 10; 1 B. J. P. 238). Procedure.-Summons, upon complaint on oath by or on behalf of ap- Recovery.-Distress: in default imprisonment not less than 1 nor more Appeal (Id. s. 17). 3. Not performing Conditions of Indenture. Wilfully refusing or neglecting to perform any of the terms or conditions inserted in any indenture (by order of the Poor Law Commissioners) (7 & 8 Vict. c. 101, s. 12 (6 B. J. P. Adda. 491). Procedure.-Summons on complaint in writing (4 & 5 Will. 4, c. 76, s. 101; 5 & 6 Vict. c. 57, s. 18; 7 & 8 Vict. c. 101, s. 74), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 6 calendar months (Id. s. 11); two justices (7 & 8 Vict. c. 101, s. 12). Penalty.- Not exceeding £20 (Id.) Recovery.-Distress, in default imprisonment for not exceeding 3 calendar months, unless sooner paid (4 & 5 Will. 4, c. 76, s. 99; 5 & 6 Vict. c. 57, s. 18; 7 & 8 Vict. c. 101, s. 74). Appeal.-(4 & 5 Will. 4, c. 76, s. 103; 5 & 6 Vict. c. 57, s. 18; 7 & 8 it be fit and proper that the apprentice shall continue in the service of the master, or be discharged therefrom, or assigned over to any other person, and shall make order accordingly. (u) See the last note. (r) The consent of the justices must be obtained, as is directed by the 32 Geo. 3, c. 57, ss. 7, 8; see 56 Geo. 3, c. 139, s. 9. II. OFFENCES BY APPRENTICES. Where no premium (5 Vict. c. 7), or not more than £25 (4 Geo. 4, c. 29, s. 1), has been paid. 1. Illbehaviour. Any misdemeanor, miscarriage, or illbehaviour in his service (20 Geo. 2, c. 19, s. 4; 1 B. J. P. 210 (y)). Procedure.-Summons upon complaint on oath (z) (20 Geo. 2, c. 19, 2. Absconding. Absenting himself from service before the term of his apprenticeship shall be expired, and refusing to serve his master for so long a time as he shall have so absented himself, or to make satisfaction to his master for the loss he shall have sustained by his absence, and not giving security to make such satisfaction (b) (6 Geo. 3, c. 25, s. 1; 1 B. J. P. 210). Procedure.-Summons (11 & 12 Vict. c. 43, s. 1,) or warrant upon complaint on oath (6 Geo. 3, c. 25, s. 1), within 6 calendar months (11 & 12 Vict. c. 43, s. 2), or within 7 years after the expiration of the term of apprenticeship (6 Geo. 3, c. 25, s. 3); one justice (Id. s. 1). Penalty-Imprisonment not exceeding 3 months (6 Geo. 3, c. 25, s. 1 (c)). Appeal (Id. s. 5). Arsenic. 1. Selling Arsenic without making requisite Entries (d). Selling any arsenic [including arsenious acid and the arsenites, arsenic acid and the arseniates (14 & 15 Vict. c. 13, s. 6)] without having, before the de (y) See Ellen v. Topp, 20 L. J. Exch. 241. (2) The complaint must be by the master or mistress (20 Geo. 2, c. 19, s. 4), or his steward, manager or agent (4 Geo. 4, c. 34, s. 1); but it may be verified by the oath of any other person who knows the facts complained of (Finley v. Jowle, 12 East, 248). (a) Or the apprentice may be discharged (20 Geo. 2, c. 19, s. 4), or punished by abating the whole or any part of his wages (4 Geo. 4, c. 34, s. 1). In the case of a parish apprentice discharged for misconduct by two justices, he may be imprisoned, with hard labour, for not exceeding 3 calendar months (32 Geo. 3, c. 57, s. 13). (b) The satisfaction is to be determined by the justice upon hearing the complaint (6 Geo. 3, c. 25, s. 1). (c) Or the apprentice may be committed at once, under the 20 Geo. 2, c. 19, s. 4 (No. 1, above), as the later act is cumulative and does not repeal the earlier one (Gray v. Cookson, 16 Ea. 13). (d) The act (14 & 15 Vict. c. 13) does not extend to the sale of arsenic where |